In the wake of Donald Trump’s stunning election victory, Pentagon officials are reportedly holding informal discussions about how to handle potential illegal orders from the incoming commander-in-chief. Sources familiar with the matter told CNN that top military brass are deeply concerned about the prospect of being directed to carry out unlawful actions, such as deploying troops domestically or using the armed forces to turn back migrants at the southern border.
The discussions, while preliminary, underscore the unprecedented challenges posed by a Trump presidency. Throughout his campaign, the real estate mogul turned politician made a series of controversial promises that, if enacted, could run afoul of US laws and international norms. From vowing to bring back waterboarding and other forms of torture to suggesting he would target the families of terrorists, Trump’s rhetoric has raised alarm bells among military leaders tasked with upholding the Constitution and adhering to the laws of war.
Bracing for Unconventional Orders
According to a senior defense official who spoke on condition of anonymity, the Pentagon is “preparing for the worst” when it comes to the types of directives that may emanate from the Oval Office under Trump. “We’ve never had a president who has openly advocated for war crimes,” the official said. “There’s a real concern that he could issue orders that put our troops in an impossible position.”
US law generally prohibits the use of active-duty military personnel for domestic law enforcement purposes, a restriction known as the Posse Comitatus Act. But Trump has repeatedly floated the idea of sending troops to the US-Mexico border to stop illegal immigration, a move that would likely violate this longstanding principle.
“If the president directs the military to do something that is illegal or unconstitutional, it is our duty to refuse those orders,” said retired Army Lt. Gen. Mark Hertling. “It’s not about being insubordinate – it’s about upholding our oath to defend the Constitution.”
– Lt. Gen. Mark Hertling (Ret.)
Military leaders are also reportedly concerned that Trump could attempt to purge the ranks of the Pentagon, replacing seasoned professionals with loyalists who would be more inclined to carry out his bidding without question. Such a move could have a chilling effect on the military’s willingness to push back against illegal orders.
Walking a Tightrope
Navigating the delicate balance between military obedience and ethical obligation is likely to be a recurring theme of the Trump era. While the president enjoys broad authority as commander-in-chief, that power is not absolute. The Uniform Code of Military Justice requires service members to obey only “lawful” orders, a subjective standard that leaves room for interpretation.
“It’s a tightrope we may have to walk,” said another defense official who requested anonymity to speak candidly about the sensitive topic. “We have a duty to carry out the orders of our elected civilian leadership, but we also have a higher duty to the Constitution and the rule of law. If those two things come into conflict, we’ll have some tough decisions to make.”
The Loyalty Test
Some experts worry that the mere specter of unlawful orders could lead to a chilling effect within the ranks, deterring military members from offering dissenting views or questioning directives from above. “There’s a real risk that people will be afraid to speak up, even when they know something is wrong,” said Rosa Brooks, a law professor at Georgetown University and a former Pentagon official. “That’s a dangerous dynamic in any military, but especially in one led by an impulsive and vindictive commander-in-chief.”
Brooks and others point to the example of Navy Capt. Brett Crozier, the former commanding officer of the USS Theodore Roosevelt aircraft carrier who was fired earlier this year after raising concerns about the spread of Covid-19 among his crew. While Trump publicly backed Crozier’s dismissal, many saw it as a troubling sign of the administration’s intolerance for dissent.
“The Crozier case sent a chilling message that if you stand up and do the right thing, you could lose your job,” said a retired Navy admiral who asked not to be named. “I worry that under Trump, that kind of intimidation will only get worse.”
– Retired Navy Admiral
For now, Pentagon officials insist they are prepared to uphold their Constitutional obligations, even in the face of pressure from the White House. “We’ve dealt with difficult presidents before,” said one senior officer. “But this feels different. There’s a sense that we’re heading into uncharted territory, and we need to be ready for anything.”
An Uneasy Partnership
As Trump prepares to take office, the relationship between the new administration and the military it will command remains an open question. Will the president-elect’s unconventional style and provocative promises lead to clashes with the Pentagon? Or will cooler heads prevail, allowing the two sides to forge a workable partnership in service of the nation’s security?
Much will depend on the tone set by Trump himself, and the advisers he chooses to surround himself with. If the incoming president taps experienced hands to fill key national security posts, it could go a long way toward reassuring the military establishment. But if he opts for ideological hard-liners or unqualified loyalists, it could set the stage for a turbulent and potentially dangerous period in civil-military relations.
For the men and women in uniform, the stakes could not be higher. As they confront an array of global threats and challenges, from terrorism to great power competition, they will need clear, lawful guidance from their political leaders. If that guidance veers into murky legal territory, it will fall to the military to navigate the treacherous waters ahead – a task that will require both moral courage and institutional resolve.
Protecting the Republic
In the end, the US military’s greatest loyalty is not to any individual commander-in-chief, but to the Constitution it is sworn to defend. As long as that loyalty remains paramount, the republic can weather any storm – even one as unpredictable as a Donald Trump presidency.
But it will require vigilance, both within the Pentagon and beyond. The American people must hold their leaders accountable, demanding fidelity to the law and the principles that have guided the US military for generations. Only then can the nation be assured that its armed forces will remain a bulwark of democracy, rather than an instrument of tyranny.
As one senior officer put it: “Our loyalty is to the Constitution, not to any one person. That’s what sets us apart as a military, and that’s what will see us through these challenging times. As long as we stay true to that core principle, I’m confident we’ll be able to navigate whatever lies ahead.”
